TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos - Planner I
DATE: May 8, 2025
RE:
Title
P25-21: A request to rezone 116 Broadfoot Avenue (REID 0427956296000) from Office and Institutional (OI) to Neighborhood Commercial (NC). The property is owned by Stew-Fox, LLC and is represented by George Regan, Jr. of Thorp and Clarke, PA.
end
COUNCIL DISTRICT(S):
Council District(s)
5 - Lynne Greene
b
Relationship To Strategic Plan:
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1 - To ensure a diverse City tax base
Goal III: City invested in Today and Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use.
Executive Summary:
The applicant seeks to rezone a 0.35-acre parcel in the Haymount area from its current designation to Neighborhood Commercial (NC) to reflect its longstanding use and the evolving character of the surrounding area. The site, currently occupied by an insurance agency operating out of a former single-family residence, is surrounded by a mix of commercial uses including a doctor’s office, a bank, and professional offices. Located within 200 feet of a brewery and amidst an emerging entertainment and retail corridor, the proposed rezoning aligns with the City’s comprehensive plan and supports ongoing revitalization efforts in Haymount. The change would formalize an existing commercial use, complement adjacent zoning designations, and contribute to a cohesive, pedestrian-friendly development pattern without introducing strip-style or premature development. No adverse impacts on property values or the natural environment are anticipated; in fact, the rezoning may enhance the value of the surrounding parcels by reinforcing neighborhood-scale commercial activity.
Background:
Owners: Stew-Fox, LLC
Applicant: George Regan, Jr.
Requested Action: OI to NC
REID #: 0427956296000
Status of Property: Insurance agency in an originally single-family residence.
Size: ± 0.35 acres
Surrounding Land Use & Zoning:
• North: LC - Commercial
• South: OI - Commercial
• East: CC and LC - Commercial
• West: MR-5 - Residential
Letters Mailed: 218
Land Use Plans:
With the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all properties within the city limits - and those within the Municipal Influence Area (MIA) - are now guided by its vision. This particular portion of the city is designated for Neighborhood Mixed Use development.
Neighborhood Mixed Use areas are intended to support neighborhood-scale commercial activity, with a horizontal mix of residential and non-residential uses, and vertical integration in key nodes. Development is envisioned to include buildings ranging from one to three stories, incorporating smaller-scale multifamily housing, townhomes, and small-lot single-family homes, with lower densities transitioning along the edges to maintain compatibility with adjacent uses.
Issues/Analysis:
History:
The property located at 116 Broadfoot Avenue in Fayetteville, NC, was transferred via a North Carolina Special Warranty Deed on May 13, 2021. The grantor, Fair Oaks Partners, LLC (based in Charlotte), conveyed the 0.35-acre parcel to Stew-Fox, LLC (based in Fayetteville), with an excise tax of $480.00 paid. The site, historically a single-family residence, has functioned as a commercial office for over three decades. It lies in a commercially active zone near a brewery and several professional offices and institutions, and is identified as Cumberland County tax parcel 0427-95-6296. The deed includes standard title exceptions such as zoning ordinances, unpaid taxes from 2021 forward, rights-of-way, and ingress/egress easements related to a public alley. The transfer was notarized in Cumberland County and officially recorded in Book 11125, Page 0149 of the Cumberland County Register of Deeds.
Surrounding Area:
The subject property is surrounded by a mix of established commercial and professional uses. Directly across the street are an engineering firm and a law office, while a medical office - owned by a principal of the rezoning applicant - is located on one side of the site. On the other side sits a First Citizens Bank. The broader area, situated within the Haymount district, features a vibrant mix of commercial establishments, including restaurants, bars, and a local theatre, with The Truck Stop brewery located just 200 feet away. This setting reflects a growing entertainment and retail corridor, with zoning classifications and land uses that support neighborhood-scale commercial activity.
Rezoning Request:
Land within the City is primarily regulated through the base zoning districts established by the Unified Development Ordinance (UDO). Property reclassification to a comparable zoning district may be pursued following the procedures outlined in Section 30- 2. C of the UDO, which governs map amendments and ensures consistency with the City’s planning framework and regulatory standards.
Straight Zoning:
The request is for a rezoning from OI to NC.
The Neighborhood Commercial (NC) District is designed to support small-scale, low-impact retail and service businesses that primarily serve the nearby residential community - such as personal care services, small eateries, and limited retail shops. It aims to maintain a scale that fits within a residential setting and discourages businesses that would generate significant outside traffic. Any new retail use larger than 2,500 square feet requires a Special Use Permit. The district also promotes residential units above commercial spaces and enforces development standards to ensure compatibility with the surrounding neighborhood and alignment with the design guidelines outlined in Article 30-5.
Reclassifying land to a base zoning district without conditions permits the full range of uses identified in the Unified Development Ordinance (UDO) Use Table for that district. In such cases, the Zoning Commission is not authorized to impose conditions or limitations related to allowable uses, specific use standards, development intensity, dimensional requirements, or any other applicable regulatory provisions. All standards and entitlements associated with the zoning classification apply as adopted in the UDO, without modification.
Land Use Plan Analysis:
The proposed rezoning of 116 Broadfoot Avenue from its current designation to Neighborhood Commercial (NC) is consistent with Fayetteville’s Future Land Use Plan and supports several key goals and policies outlined in the document. Located in the Haymount area - a designated Neighborhood Mixed Use node - the property is well-positioned within an established urban core served by public infrastructure, including roads, utilities, and emergency services (LU-1.1, LU-1.6). The property’s immediate surroundings include medical offices, a law firm, and a bank, reinforcing its compatibility with low-intensity, neighborhood-scale commercial uses encouraged by the NC district. The site’s adaptive reuse potential and proximity to entertainment and dining establishments, such as The Truck Stop brewery, align with the Plan’s objectives to foster walkable, mixed-use activity centers (LU-2.1, LU-4.2). This amendment supports infill development and redevelopment in a logical, contiguous pattern that leverages existing public investment and avoids leapfrog development (Goal #1, LU-1.7). It does not create isolated zoning or strip-style development and instead reinforces the character and scale of the area. Therefore, the rezoning is not only appropriate, but also advances the Plan’s broader goals of strategic investment, economic vitality, and neighborhood enhancement.
Consistency and Reasonableness Statements:
The Future Land Use Plan outlines the City’s vision for long-term growth by establishing preferred development patterns and a comprehensive set of goals, policies, and implementation strategies. This rezoning request is consistent with the Plan’s objective of encouraging strategic, neighborhood-scale commercial development within designated mixed-use activity centers. As detailed in the Consistency and Reasonableness Statement, the proposed amendment supports several core goals of the Plan-such as encouraging growth in areas already well-served by infrastructure, promoting economic development in key urban nodes, and reinforcing walkable, context-sensitive commercial areas. The rezoning formalizes an existing commercial use, aligns with surrounding land uses, and contributes to the City’s broader efforts to revitalize Haymount as a vibrant, pedestrian-oriented district that serves both residents and visitors.
Conclusion:
The proposed rezoning aligns with the Future Land Use Plan’s vision for strategic, context-sensitive growth. It reflects existing land use patterns, supports ongoing revitalization in the Haymount district, and promotes walkable, neighborhood-scale commercial development. By reinforcing the area’s mixed-use character and leveraging existing infrastructure, the amendment contributes to a logical, sustainable development pattern that enhances community vitality without adverse impacts.
Budget Impact:
There is no immediate budgetary impact, but there will be an economic impact associated with this rezoning due to taxes collected in the future.
Options:
1. Recommend Approval as Presented (Recommended Action): Based on the evidence presented, the Zoning Commission recommends approving the proposed map amendment to the Neighborhood Commercial (NC) district. The Commission finds the proposed rezoning consistent with the City’s adopted Future Land Use Plan, as outlined in the attached Consistency and Reasonableness Statement.
2. Recommend Approval with a More Restrictive Zoning Classification: The Zoning Commission recommends approval of the proposed map amendment to a more restrictive zoning district than initially requested. Based on the evidence presented, the Commission finds that such a modification would maintain consistency with the adopted Future Land Use Plan, subject to an amended Consistency and Reasonableness Statement.
3. Recommend Denial of the Map Amendment: The Zoning Commission recommends denial of the proposed map amendment. Based on the evidence and testimony presented, the Commission finds that the requested zoning is inconsistent with the Future Land Use Plan and does not support the City’s land use policy objectives.
Recommended Action:
The Professional Planning Staff recommends that the Zoning Commission recommend approval of the proposed map amendment to the Neighborhood Commercial (NC) zoning district, based on the following findings:
• Policy Consistency: The proposed zoning classification is consistent with the adopted Future Land Use Plan (FLUP) and advances the policy objectives outlined in the Unified Development Ordinance (UDO). It supports strategic infill development, reinforces mixed-use compatibility, and aligns with long-range planning goals for this area.
• Contextual Appropriateness: The range of uses permitted under the OI district and the corresponding development standards are compatible with the character of the immediate vicinity, which includes a mix of institutional, commercial, and low-intensity residential uses. The requested rezoning reflects a logical extension of the surrounding development pattern.
• Public Interest: The proposed amendment does not present any foreseeable adverse impacts to public health, safety, morals, or general welfare. Instead, it encourages the adaptive reuse of existing infrastructure and contributes to the stability and vitality of the surrounding community.
Attachments:
1. Plan Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Property
6. Surrounding Property Photos
7. Consistency and Reasonableness Statement